Singh (Migration)

The Administrative Appeals Tribunal considered whether to affirm the decision to cancel the visa of Mr. Singh, the holder of a Subclass 573 Higher Education Sector student visa. The dispute arose because Mr. Singh was alleged to have breached Condition 8202 of his visa, which requires a student visa holder to remain enrolled in a registered course of study. If such a breach occurred, the visa could be cancelled under s 116(1) of the Migration Act 1958.

The primary legal issue before the Tribunal was whether Mr. Singh had complied with Condition 8202 of his visa. Specifically, the Tribunal had to determine if Mr. Singh had remained enrolled in a registered course of study as required by Condition 8202(2)(a). If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, as the breach did not mandate cancellation under s 116(3).

The Tribunal found that Mr. Singh had breached Condition 8202(2)(a) because his enrolment in a registered course had ceased on 25 November 2015 and he remained unenrolled for approximately 13 months. This finding was supported by information from the Provider Registration and International Student Management System (PRISMS) and Mr. Singh's own admissions during the hearing. He explained that financial difficulties prevented him from paying his fees and he was seeking to transfer to a cheaper course. While Mr. Singh claimed he did not receive the Notice of Intention to Consider Cancellation due to a failure to update his address, he acknowledged his negligence in this regard. Considering all the circumstances, including the breach of the enrolment condition and Mr. Singh's admitted negligence in not advising of his address change, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel Mr. Singh's Class TU visa.